I'm 17 and My Mom Wants to Emancipate Me

[DeeAnna]

My question involves emancipation laws for the State of: New york.
Im going to be 17 in May and I live with my dad in Florida but my mom called me last night saying she filed to emancipate me and I have court in May. Im moving back to New York in June and I want to know what this means and what I have to do.

[LawResearcherMissy]

Your mother cannot file to emancipate you.

Firstly, there is no statute in New York that provides for the emancipation of a minor. Secondly, even if there was, the petition would have to come from the minor wishing to be emancipated, not from a parent who didn't want to meet her responsibility.

What is your custody situation? Is your father your custodial parent, or do your parents share custody?

[DeeAnna]

My dad has custody but her lawyer filed it for me, because when I lived with her I was suposed to be emancipated when I turned 16. My dad has residancy but I think they still have shared custody.

[cbg]

Does your mother pay child support to your dad?

[DeeAnna]

yeah she pay like 24$ a week

[cbg]

I'm betting, then, that the "emancipation" is to have her no longer have to pay child support, rather than putting you out on your own to support yourself.

[DeeAnna]

the only problem is I'm moving back to New York and the only way I can is if I live with her (dads rule) but theres a court date in May

[LawResearcherMissy]

Concur with cbg. It would seem that since you're moving back to NY, your mother does not want to pay child support to your father any more, and this "emancipation" is for the purposes of terminating child support, not for the purposes of booting you out the door.

To the best of my knowledge, you wouldn't have to appear in court at all, it's between your parents.

[DeeAnna]

the child support is settled, he pays her 70$ for my brother everyweek. she filed it when I moved states because her lawyer told her that was what she should do

[LawResearcherMissy]

You're not listening, and I haven't the patience to repeat myself.

Go back and re-read what cbg and I have explained. Twice. Thrice, if you're really not understanding.